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October 29, 2020

What documents can I notarize?

Filed under: Other Guest Bloggers — admin @ 8:52 am

What documents should I NOT notarize? (better idea for a title)

This is written about frequently but it does require repetition given the penalties associated with it and the # of requests received for unauthorized notarizations.

WILLS – Unless prepared or directed by an attorney, wills are generally witnessed by two disinterested independent third parties.

VITAL DOCUMENTS – Birth and Death Certificates and Marriage Certificates. The Secretary of State has specific laws preventing public Notaries from notarizing vital documents primarily because the Notary cannot verify the validity or authenticity of such a document. In cases such as this, the Notary needs to refer the client over to the agency who issued the document which in many cases is the County Recorder.

INCOMPLETE DOCUMENTS – A notary should not complete any documents that are fully completed at the time of notarization.

DOCUMENTS WHERE NOTARY IS AWARE THERE IS FALSE INFORMATION IN THE DOCUMENT – If you overhear conversation between people talking about the false information contained in the document they are signing, don’t notarize it. If you suspect that the person signing appears to be overly nervous or if it looks like someone else with a beneficial interest is forcing the person to sign the document, don’t notarize it. Always remember that the signer must sign the document willingly and present proper identification and must be able to communicate with the notary.

PERSON SIGNING CANNOT UNDERSTAND THE LANGUAGE IN WHICH THE NOTARY IS SPEAKING. You cannot use an interpreter because you don’t know what is being translated and if the translator has an interest in the transaction. Do not confuse this with notarizing a document in a Foreign Language. You can always notarize a foreign language document and don’t need to speak that language as long as the person signing can communicate with you in English or another common language in which both the notary and the signer can communicate.

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October 23, 2020

123notary Elite Certification Study Guide

Filed under: Loan Signing 101 — Tags: , — admin @ 12:24 am

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ELITE CERTIFICATION

To get elite certification, you need to do well on the regular certification topics, and then know a lot more. Here are the items we quiz about for elite certification. We test by phone for the elite, and if you study hard and know your basic documents, scenarios, and Notary knowledge plus the content on this page, you could pass.

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Documents you have to understand intimately

Recorded Documents
Riders
Subordination Agreement
Residency Affidavit
Owners Affidavit
Deed of Reconveyance
Deed of Trust
CD & HUD-1
Please read the details of the required documents. Read more…

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Procedures or Acts to Understand

Signature by X or Mark — read more…
Apostilles and Authentications — read more…

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Other Terms or Information
Please click on the links below to get detailed information on the following points.

The term Elizor — read points 23 on this link. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate in court.

Explaining beneficial & financial interest. A Notary may not have beneficial interest or financial interest in anything he is notarizing. A beneficial interest could be construed as …

Federal Holidays in chronological order (memorize these). Let’s start with New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial Day, Independence Day …

Fraud Prevention & types of fraud that happen in the Notary world. Falsified identification, incorrect dates on certificates, using someone else’s Notary seal …

Authority – Who has the highest level of authority if there is a question about a notary act or document at a signing? The Notary is the authority as to how a notary transaction happens, but…

Annual Percentage Rate — a detailed understanding is required. The APR is based on the amount borrower after certain (but not all) fees and closing costs have been deducted, and expressed as a …

Pros & Cons: — Adding an Acknowledgment rather than fixing the original. if there is a mistake on a preprinted form. It is cleaner to add a new form, but there can be recording fee issues involved…

What to do if John & Sally’s names are inscribed in an Acknowledgment by the Lender and Sally can’t make it. — Cross out or add a new form? This is similar to the last point, but there are some extra snags…

Handling name variations and discrepencies such as: ID Name, vs. Typed Name, Signature on Doc, and Name on Ack. Relationship between these names if they don’t exactly match. The main thing is to obey the law first…

Understanding dates such as: Transaction Dates, Signature Dates, Rescission Dates, and Document Dates… A transaction date is the same as a signature date, but a document date is arbitrarily chosen, but by whom?

Loan Signing FAQ’s that Borrowers ask. FAQ’s have been greatly reduced by Lenders being required to explain documents to the borrowers in advance. But, you still might be asked why the APR is …

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March 29, 2020

Two notarizations same document..yes or no?

Filed under: Carmen Towles — admin @ 8:45 am

As I often do, I read the notary discussion boards. It’s often entertainenlightening and full of situations that we are faced with to deal with almost on a daily basis. Most of them you share personally with me but this was a new one. A few days ago, the topic was about a notary that had a document that had one signature but two notarizations on the same page; One, was an Acknowledgement and the other a Jurat. The notary choose to notarize only one (don’t know which one they choose and they shouldn’t have done this but that is another issue) and the underwriter rejected it and sent it back for completion of the other notarial certificate. It seems that they wanted BOTH the acknowledgement and the jurat completed. The notary said NO and stated that it was one signature per notarial certificate. And since they had only signed once she refused to notarize both. And, although it sounded about right because most of us feel that it is one signature per notarization. After all, that is how we charge clients. In this case the certificates are different. One requires a sworn oath to be given and the other is just an acknowledgment on the part of the signer. I still wondered about this. Where is written in anybodies handbook that states that you can’t do one signature and have two different type of notarial certificates?

In my opinion, It seems that the lender and/or title was covering there rear end. Perhaps they couldn’t choose so they just decided to put both.The problem would have been easy if they had the signer sign one for each certificate. What ever the case its a decision that you have to make. It seems the notaries are split on this. I personally have seen this a couple times and I just notarize both. And enter into my journal.The question is what would you do?

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March 26, 2020

Benefits of 123notary from Kate McKinnon. (detailed testimonial)

Filed under: Advertising — admin @ 8:38 am

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1. At least 3 title/escrow companies contacted me to thank me for the
time I’ve given to their Borrowers, at least 2 of whom were first-time Borrowers. I know that many people are overwhelmed from the moment I take documents out. I put them at ease by telling them that “now and in future transactions, they usually need to focus on 3 documents— all other paperwork is in support of these documents.” (I have reviews on 123 that speak to this.)

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2. Continuing on from above, I’d like to add that some notaries’
practice is to “do the signing quickly and get on the next.” I take whatever time is reasonable to make sure the signer is comfortable with and understands the process. In loan signings I am aware this is often one of the major financial commitments in people’s lives and they are understandably nervous; and, that the Client has entrusted me to complete this signing, so I am in essence representing them as well.

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3. From the start of my career as a notary, I learned from 123Notary to do my homework (up front): review the package, flag important and/or unusual things soothes are not missed; doing any other necessary research (e.g., trusts/adoption documents; attorneys in fact, etc.). The more knowledgeable I am about documents and procedures, the better notary I am. Also, I prefer to “re-do” rather than correct and initial. I like for my work to be correct and error-free. Clients notice (as reflected in some of my 123Notary reviews.)

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4. I have taken your marketing advice to heart, and its paying off more and more. I make it easy for people to not only find me, but to make them want to use me.

a. Increasingly my better paying jobs are coming as a result of the 123 website. I anticipate that paying for a higher listing will more than pay for itself with my first two orders coming from it.

b. I instill a sense of security in my client as a matter of course by advising them of receipt of confirmation, meeting/closing with the client, dropping/tracking of documents.

c. Occasionally I contact people who have used me more than once to thank them —in an attempt to keep my name before them without being pushy. Sometimes enclose a thank you note with my invoice and asking them to let me know what I can do to better serve them.

d. All of my marketing materials are coordinated in their look and easily identifiable (business cards, stationery, website, invoices, note cards, etc.).

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5. Both my corporate and individual clients appreciate that I text my photo and/or business card with my photo confirming our meeting. I never knew how impactful this would become. People like to know with whom they are meeting (especially for coffee shop or hospital signings as well as with seniors and single women)…and the “ice is already broken” before I show up.

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6. More and more I’m learning what separates me from the pack:

a. I always ask how they found me. Many answer 123Notary. If other than 123, I encourage them to read my 123 reviews.

b. Doing my research…usually on your blogs, NNA and the internet, bookmarking or maintaining notes.

c. Paying attention to detail.

d. Professionalism in my dress, communications and manners.

e. Being honest in what I do and do not know.

f. Getting back to designated contact(s) after noting issues during the closing. This only happened rarely and in the beginning of my
practice, but I always let Borrower know that we can communicate with their loan officer, etc.

g. Finally, the notary’s client is a person just as we are. I relate to them as such. (This is frequently mentioned in my 123 reviews.)

h. My overall knowledge of mortgage documents, types of residents (primary vs. second), homesteads, trusts/trustees; subscribing witnesses/signature by mark; Apostilles, etc.

i. For me personally, I both hate and appreciate doing detailed journal entries and loose certificates. It takes more time, but my record are perfect and my loose certificates always specify the document name, number of pages and date.

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March 7, 2020

Compilation of best blog articles from 2011

Filed under: Compilations — admin @ 10:03 am

PRICING

Pricing for notary work: Different strokes for different folks
http://blog.123notary.com/?p=697

Pricing formulas and time spent
http://blog.123notary.com/?p=588

Payment terms set by buyer or seller?
http://blog.123notary.com/?p=1812

TECHNICAL

Notarize just the name.
http://blog.123notary.com/?p=15817

Decline profitable junkwork
http://blog.123notary.com/?p=15495

A tale of four notaries at hospitals
http://blog.123notary.com/?p=463

Things that get notaries complaints
http://blog.123notary.com/?p=639

What to say and what not to say
http://blog.123notary.com/?p=628

Do you like your job?
http://blog.123notary.com/?p=617

Dragging the person’s arm
http://blog.123notary.com/?p=610

Seal Forgery – it happened to me
http://blog.123notary.com/?p=724

Leave a few spaces open in your journal?
http://blog.123notary.com/?p=714

Fixing botched signings
http://blog.123notary.com/?p=1246

Notary certificates, notary wording & notary verbiage
http://blog.123notary.com/?p=1834

Can a notary get in trouble?
http://blog.123notary.com/?p=1745

The signing agent loan signing process & pitfalls
http://blog.123notary.com/?p=2780

How do I fill in a journal entry?
http://blog.123notary.com/?p=1725

Notarizing multi-page documents
http://blog.123notary.com/?p=1706

Thumbprinting step by step
http://blog.123notary.com/?p=1689

STORIES

Notarizing a kidnapper
http://blog.123notary.com/?p=676

The story of 123notary
http://blog.123notary.com/?p=710

A few testimonials about 123notary
http://blog.123notary.com/?p=700

Notarizing an arsonist who blew his fingers off
http://blog.123notary.com/?p=650

The signing from hell
http://blog.123notary.com/?p=765

Notary in Louisiana murdered in home invasion
http://blog.123notary.com/?p=925

Notary pushed off stairs by borrower
http://blog.123notary.com/?p=1097

COMEDY

Welcome to the Notary Hotel
http://blog.123notary.com/?p=8822

You know you’re a notary when…
http://blog.123notary.com/?p=16038

Jeremy’s visit to hell
http://blog.123notary.com/?p=20412

A tough act to follow
http://blog.123notary.com/?p=6579

I have a dream – notary version
http://blog.123notary.com/?p=19207

Notarization on the Steve Harvey show
http://blog.123notary.com/?p=13704

Notary suicide hotline
http://blog.123notary.com/?p=6995

Notary reviews vs. Movie Reviews
http://blog.123notary.com/?p=8820

Notary Airport
http://blog.123notary.com/?p=17062

My date with Jeremy
http://blog.123notary.com/?p=4473

Borrower etiquette from A to Z
http://blog.123notary.com/?p=2995

Vampire Notaries – 24 hour service
http://blog.123notary.com/?p=4094

Bartender Notary – a reverse mortgage on the rocks
http://blog.123notary.com/?p=4080

Best excuses why a signing company didn’t pay a notary
http://blog.123notary.com/?p=1922

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March 1, 2020

2015 compilation of best notary posts

Filed under: Compilations — admin @ 9:59 am

TECHNICAL

The Mortgage & The Note
http://blog.123notary.com/?p=13203

The signature name affidavit
http://blog.123notary.com/?p=13190

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

Loan Signing FAQ’s that borrowers ask
http://blog.123notary.com/?p=15457

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Do you use a notary embosser?
http://blog.123notary.com/?p=15126

Your signature needs work
http://blog.123notary.com/?p=15051

Filling out your journal before the appointment?
http://blog.123notary.com/?p=15354

When to ask for ID over the phone & fees at the door
http://blog.123notary.com/?p=15282

MARKETING

Best blog articles for advanced notaries
http://blog.123notary.com/?p=14736

How much more does a 123notary certified signer make?
http://blog.123notary.com/?p=15392

What’s the difference between a listing getting 16 clicks / month and 100+?
http://blog.123notary.com/?p=13185

Pleasant companies who are pleasant to work for
http://blog.123notary.com/?p=13099

Websites from some of our best notaries!
http://blog.123notary.com/?p=14677

Trip + Notary Fee = Payment
http://blog.123notary.com/?p=13596

Augmenting your skill set to make more money as an NSA!
http://blog.123notary.com/?p=14150

Here is an easy way to make $4000 more per year
http://blog.123notary.com/?p=14162

$40 for a signing 72 miles away?
http://blog.123notary.com/?p=14959

Should travel fees be flat?
http://blog.123notary.com/?p=15402

STORIES

Signing Stream makes notaries sign a contract that they won’t write
anything on forums
http://blog.123notary.com/?p=13640

Notary etiquette from Athiest to Zombie
http://blog.123notary.com/?p=13718

Deceptive fax backs, the good old bait and switch tactic
http://blog.123notary.com/?p=14040

I was forged
http://blog.123notary.com/?p=13659

A notary enters the Shark Tank
http://blog.123notary.com/?p=14088

Signing of the Absurd
http://blog.123notary.com/?p=14919

Don’t call title or borrower
http://blog.123notary.com/?p=15066

Have you ever been tempted not to go into a borrowers house?
http://blog.123notary.com/?p=15369

COMEDY

Best notary comedy compilation
http://blog.123notary.com/?p=15957

Compilation of notary sit-com episodes!
http://blog.123notary.com/?p=15949

Honey you can kiss my app!
http://blog.123notary.com/?p=14902

Jane the Virgin Notary
http://blog.123notary.com/?p=14899

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February 23, 2020

2014 Compilation of best posts

Filed under: Uncategorized — admin @ 9:57 am

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MARKETING

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What is your monthly marketing plan?
http://blog.123notary.com/?p=9683

How to become a successful mobile notary from scratch
http://blog.123notary.com/?p=13340

$30 signings – is it worth it even in the best of circumstances
http://blog.123notary.com/?p=10456

Is $75 enough to print two sets of docs, notarize & do faxbacks?
http://blog.123notary.com/?p=10369

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TECHNICAL

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We caught a bunch of frauds using notary verbiage
http://blog.123notary.com/?p=7096

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

Poo picking – getting the best notary jobs
http://blog.123notary.com/?p=9273

Best notary posts for Beginners
http://blog.123notary.com/?p=10472

New Notary apps you really need
http://blog.123notary.com/?p=9797

The right to cancel done wrong
http://blog.123notary.com/?p=10001

Do you notarize loose certificates as a notary?
http://blog.123notary.com/?p=10372

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STORIES

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Dress Brittish – Think Yiddish
http://blog.123notary.com/?p=8643

The Towles Booth (pronounced “tolls”)
http://blog.123notary.com/?p=9456

Signing with a former airline captain
http://blog.123notary.com/?p=12870

Reviews about 123notary!
http://blog.123notary.com/?p=14072

A forged document vs. a forged notary seal?
http://blog.123notary.com/?p=10391

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COMEDY

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A social media site for Notaries – Affiant
http://blog.123notary.com/?p=6410

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February 9, 2020

2012 complication of best posts

Filed under: Compilations — admin @ 9:50 am

Here are some of our best posts from 2012.

TECHNICAL

What is signature by X?
http://blog.123notary.com/?p=2278

Information about various notary procedures
http://blog.123notary.com/?p=2268

Rules for notarizing a bedridden person
http://blog.123notary.com/?p=2243

Backdating from A to Z
http://blog.123notary.com/?p=2424

All you need to know about notary work
http://blog.123notary.com/?p=2354

Can a notary notarize a birth certificate?
http://blog.123notary.com/?p=2300

Fraud and forgery in the notary profession
http://blog.123notary.com/?p=2294

Do I notarize every page of the document?
http://blog.123notary.com/?p=2280

Notary boiler plate wording
http://blog.123notary.com/?p=2432

Notarization dates, Document dates & Signature dates!
http://blog.123notary.com/?p=2421

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

Don’t drop the Fedex in the drop box!
http://blog.123notary.com/?p=2831

Protecting yourself with a contract
http://blog.123notary.com/?p=2593

Tips for Notaries
http://blog.123notary.com/?p=3360

STORIES

Borrowers and their filthy homes
http://blog.123notary.com/?p=2214

Power of Attorney at a nursing home
http://blog.123notary.com/?p=2305

123notary behind the scenes
http://blog.123notary.com/?p=2499

20 stories about animals at signings
http://blog.123notary.com/?p=3074

5 books every notary should own (and read)
http://blog.123notary.com/?p=3668

3 notaries walk into a bar
http://blog.123notary.com/?p=3660

I make mistakes too
http://blog.123notary.com/?p=3639

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September 8, 2019

The Notary Pride Parade in West Hollywood

Filed under: Humorous Posts — admin @ 11:01 pm

We are having a Gay pride parade or event in West Hollywood. Lots of people were practically naked and the clubs were booked. You cannot drive through that area without huge traffic problems. A waiter asked if I was going and I said, “Hell no!” I don’t want to be molested. Gay people in this area tend to reach out and touch someone. Why can’t hot women be the same way? If we only lived in an ideal world.

But, I think that Notaries should have a Notary pride parade. Except the Notaries should not get naked please. Maybe if you are 20 years old and hot, but not the over 50 crowd please.

There could be a Notary float with a huge notary seal on it — inflatable.
Another float could have signatures hanging on it and off it.
A third float could have an embosser.
Other floats could have documents or certificates.

Notaries could dress up as notary seals or documents or signatures. It would be like Halloween — notary style.

Good God this sounds scary. I think I like it though. I just hope none of the signatures in the parade are false otherwise it would be a falsified parade. What do you guys think?

You might also like:

A bar only for cool notaries
http://blog.123notary.com/?p=22546

A Notary sees a UFO
http://blog.123notary.com/?p=19929

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July 8, 2019

Looking Beyond the Notary Section – A case Example

Filed under: Ken Edelstein — Tags: , — admin @ 3:01 am

The classic examples
We are often told not to notarize a document that contains blank areas. Of course in reality we do exactly that in every loan package. Take a look at the 1003 (the computer version of the loan application). Lots of blank areas there and nary a single N/A. Once I was put on standby for many hours; to notarize the sale of a super tanker. The neatly bound document was thicker than the Manhattan phone book (alas no longer issued). It was about 1500 pages. I did not turn each page in a desperate attempt to find a wayward and un-entered fill in. After about 6 hours of waiting time, I notarized the (approx from recollection) two dozen affiants at the end.

What happened today
The document was an amendment to an incorporation agreement. There were to be eight affiants; even with the nicely preprinted notary sections it totaled four pages. Simple? Well there was an issue. Just prior to naming the trustees, there was the statement that the names and addresses of the trustees would follow. The names were there but not the addresses. I normally don’t read the documents, but wanted to be sure the list of names matched the notary sections. I mentioned the discrepancy to the person managing the signing. I was asked how this should be handled. I covered the I’m not a lawyer issue. They came up with three possible courses of action.

The first would be to simply write in the addresses. Second, would be to redact “and addresses”. The last was to simply ignore the matter. They choose option 2. So, when the “and addresses” had a line drawn thru (not at my suggestion), I felt compelled to raise the issue of the requirement to initial hand written changes.

The first two affiants had left the session after being properly notarized and were not present to initial the change. The other 5 initialed. Hmmmm, 8-2=5? Sorry, but one of the planned 8 could not attend and would be notarized at a later date, and also initial that redaction.

In all probability the infamous “fix it fairy” would provide initials for the two who left early; of course I did not suggest that. But, as unfair as it sounds to me; some were unhappy that I mentioned the discrepancy between the stated text and the data entered. In other words; it seemed to some that I “created a problem” – just by stating the obvious (to me) flaw.

In all probability I goofed In hindsight, as I peck away at the keyboard; away from the seven affiants who want me to resolve the “issue I created” – I shudda kept my big mouth shut. My biggest blunder was to agree on the 3 possible solutions. Perhaps the address is an absolute requirement for acceptance of the document. I truly don’t know. And, the only reason that I sailed into that blunder was by mentioning the issue.

Resolved: At least for me – if it’s not in the notary section, don’t read it, don’t comment on it. And absolutely say nothing about how they should proceed. It’s OK to mention initialing changes, but take no “legal opinion” about “course of action” when modifications are being considered.

You might also like:

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

A guide to notarizing documents with blanks or multiple signatures
http://blog.123notary.com/?p=20252

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